IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 310 of 2009(S)
1. ABHILASH S.NAIR,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. G.CHANDRASEKHARAN NAIR,
For Petitioner :SRI.G.SUDHEER
For Respondent :SRI.RAM MOHAN.G.
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :11/08/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.310 of 2009
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Dated this the 11th day of August, 2009
JUDGMENT
BASANT, J.
The petitioner, a young man, aged 26 years, has come to this
Court with this petition for issue of a writ of habeas corpus to
search for, trace and produce Lakshmi C.Nair, daughter of the 3rd
respondent, aged about 21 years, who, the petitioner apprehended,
is detained against her wishes forcibly by the 3rd respondent.
According to the petitioner, he and the alleged detenue Lakshmi
C.Nair are in love and they have, though they have not formally
registered their marriage, had exchanged garlands at Sree Krishna
Swami Temple, Malayinkeezh. Thus according to him, he and the
alleged detenue are legally wedded man and wife. Apprehending
that the alleged detenue was illegally detained by the 3rd
respondent her father, the petitioner had filed this petition on
03.08.09.
2. The petition was admitted on 04.08.09. Notice was
ordered to the respondents and the case was posted to this date.
3. Today when the matter came up, the petitioner and his
counsel are present. The 3rd respondent has also entered
W.P(Crl.) No.310 of 2009 2
appearance through a counsel. The alleged detenue Lakshmi
C.Nair has come to Court along with the 3rd respondent.
4. As the alleged detenue comes from the custody of the
3rd respondent, we permitted her to remain in the Chamber
without being influenced by anyone. We asked her specifically in
Court whether she wants to meet and have interactions with the
petitioner. But she stated that she does not want such an
opportunity. We interacted with the alleged detenue after lunch
hour in the Chamber. She asserts that she has already attained
the age of 21 years, she having been born on 13.06.88. She has
completed her B.Com. degree course, but has to pass in a couple
of papers. According to her, she is not under the detention or
confinement of anyone. She does not admit the assertion of the
petitioner that she has got married legally to the petitioner. We
interacted with the detenue and thereafter in the presence of all
concerned including the Government Pleader, the alleged
detenue stated before us categorically that she wants to leave
the Court along with the 3rd respondent.
5. We are now convinced that the alleged detenue
Lakshmi C.Nair is not under the illegal confinement or detention
of anyone. We respect her statement that she does not want to
have any relationship with the petitioner and wants to return
W.P(Crl.) No.310 of 2009 3
from Court along with her father, the 3rd respondent. No further
directions are, in these circumstances, necessary in this Writ
Petition. Sublime counsel have discussed the matter among
themselves and both agree that certain articles which are
available with the petitioner and the alleged detenue shall be
returned to the other harmoniously without any intervention of
the Court. In fact a diary and certificates of the alleged detenue
which the petitioner has with him have been returned to the
alleged detenue by the petitioner and an ornament which the
alleged detenue has with her has been returned by her to the
petitioner.
6. This Writ Petition is, in these circumstances,
dismissed. We accept the statement of the alleged detenue –
Lakshmi C.Nair and she is permitted to leave the Court along
with her father, the 3rd respondent.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-